CITY OF GOSHEN ZONING REGULATIONS

Transcription

1 CITY OF GOSHEN ZONING REGULATIONS

2 CITY OF GOSHEN ZONING REGULATIONS TABLE OF CONTENTS PAGE Section 1. Definitions Section 2. Official Zoning Map Section 3. Administration and Enforcement Section 4. Board of Zoning Adjustment Section 5. General Provisions Section 6. Nonconforming Structures and Uses a. Continuance of Use b. Discontinuance of Use c. Change of Use d. Removal of Nonconforming Structures and Uses e. Repairs and Alterations f. Damage and Destruction Section 7. District Regulations a. Establishment of Districts b. A description of each district follows NR - Natural Resources a. Description and Intent b. Permitted Uses c. Conditional Uses d. Lot Dimensions e. Parking Requirements f. Height, Width, & Area Regulations g. Permitted Signs (on premise only) R1 Residential a. Description and Intent b. Permitted Uses c. Conditional Use d. Lot Dimensions e. Parking Requirements f. Height, Building, & Area Regulations g. Permitted Signs (on premise only) RR Residential a. Description and Intent b. Permitted Uses c. Conditional Uses d. Lot Dimensions e. Parking Requirements f. Height, Building, & Area Regulations g. Permitted Signs (on premise only) B1 - Neighborhood Commercial a. Description and Intent Goshen Zoning Regulations 2 December 18, 2017

3 b. Permitted Uses c. Conditional Uses d. Height, Building, & Area Regulations e. Permitted Signs (on premise only) B2 General Commercial a. Description and Intent b. Permitted Uses c. Conditional Uses d. Parking Requirements e. Height, Building, & Area Regulations f. Permitted Signs (on premise only) g. Commercial Design Standards Section 8. Conditional Uses a. Nature and Description b. Development Standards and Review Guidelines c. Procedure for Authorizing Section 9. Accessory Uses a. General Description b. Location Requirements and Standards c. Residential Accessory Uses Section 10. General Standards a. Manufactured Dwelling Units, Residential Design Size Roof Siding Installation of Unit Entrance Landing Area Transport Equipment Finished Floor Elevation Additions b. Off-Street Parking and Off-Street Loading Facilities Off-Street Parking Facilities Required Location of Off-Street Parking Facilities Standards for Off-Street Parking Facilities c. Driveways and Access d. Ingress/Egress Driveway Width e. Dumpster Screening f. Corner Visibility g. Fences Section 11. Amendments Goshen Zoning Regulations 3 December 18, 2017

4 Section 1. Definitions The following definitions shall be used in the interpretation of this ordinance. Words used in the present tense include the future tense, and words in the singular include words in the plural. The word used shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used. The word shall means mandatory, and the word may means permissive. Accessory Buildings and Uses: A subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is a use that is customarily incidental, appropriate, and subordinate to the principal use of land and buildings, and located upon the same lot therewith. Alley: A narrow public way, not in excess of twenty (20) feet, which affords a secondary means of access to abutting properties, and not intended for general traffic circulation. Apartment: A room or suite of rooms within a building with separate cooking, bathing, and sleeping facilities and intended as a single dwelling unit. Structures containing three (3) or more dwelling units are considered apartments. Area: The amount of land surface in a lot or parcel of land. Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property of any kind. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building. Building Coverage: Building Height: point of the building. The land area covered by all buildings on a lot, excluding eaves. The average vertical distance from the finished lot grade to the highest Building Line: A line parallel to a lot line establishing an area between it and the lot line where buildings are prohibited. Such prohibition shall exclude landings, open balconies, and roof overhangs, subject to further requirements of this ordinance. Building & Farm Supply Company: Any establishment that sells hardware, tools, lumber and other supplies related to building, farm, or home care. Cemetery: A place for burial of human remains, excluding crematoriums. Church: A building, together with its accessory buildings and uses, where people regularly assemble for religious worship. Accessory uses shall include day-care facilities and other non-profit, church associated uses. Clinic: A facility for diagnosis and treatment of medical, chiropractic, dental or psychological outpatients, and which may be used by one or more practitioners. Clubs and Lodges: An association of persons for the non-profit promotion of some common purpose, such as charity, fellowship, or something similar. Convalescent Home: A health care facility, including rest homes and nursing homes, where persons are housed and furnished with meals and continuing nursing services. Goshen Zoning Regulations 4 December 18, 2017

5 Day Care Center: A commercial establishment where child care services are provided pursuant to State laws and fire codes, and in accordance with and licensed by appropriate State agencies. Day Care Family Home: A home where day care services are provided to a maximum of ten (10) children, with a maximum of two (2) adults in attendance. The operator shall reside in the structure, and the facility must conform to all codes and regulations, both State and local, applicable thereto, with the most restrictive regulations prevailing. Development: The act of changing the state of a tract of land after its function has been purposefully changed by man; including, but not limited to, structures on the land and alterations to the land. Development Plan: A dimensioned presentation of the proposed development of a specified parcel of land which reflects thereon the location of buildings, easements, parking arrangements, public access, and other similar and pertinent features. District: apply. A portion or section of the City within which uniform zoning regulations Drive-In Establishments: A facility where services or products are delivered to persons in vehicles by means of a drive-up window or carhop. Dwelling: A building or portion thereof used exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including motels, lodginghouses, boardinghouses, tourist homes, or convalescent homes. Dwelling, Attached: A dwelling which is joined to another dwelling at one (1) or more sides by a wall or walls. Dwelling, Detached: A dwelling which is entirely surrounded by open space on the same lot. Dwelling, Manufactured, Residential-Design: A single-family, manufactured housing unit which has a minimum width of twenty-four feet (24 ), with width measured perpendicular to the longest axis at the narrowest part, a pitched roof, and siding and roofing materials which are customarily used on site-built homes, and which complies with all of the standards specified herein. Dwelling, Multi-Family: two (2) families. A building designed for or occupied exclusively by more than Dwelling, Single-Family: A residential dwelling unit designed for or occupied by one family only, and being on a permanent foundation. Dwelling, Two-Family: A building designed for or occupied exclusively by two (2) families. Dwelling Unit: A room or group of rooms located within a dwelling forming a habitable unit for one family. Family: An individual or two or more persons related by blood or marriage or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one kitchen. Goshen Zoning Regulations 5 December 18, 2017

6 Farm: A parcel of land used for growing or raising of agricultural products including related structures thereon. Frontage: That edge of a lot bordering a street. Kennel: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of more than five (5) dogs and/or cats. The word selling as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein described. Lot: A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit. Lot, Corner: Lot, Width: A lot with frontage on two (2) streets at their intersection. The average of the horizontal distances of the front and rear lot lines. Natural Area: An area that is substantially undisturbed by development. Nonconforming Structure or Use: A structure or land use which existed lawfully on the date that this Ordinance or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations in the Ordinance or amendment thereto. Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. Parcel: A tract of land separately designated and delineated by identifiable, legally recorded boundary lines. Park: An area open to the general public and reserved for recreational, educational or scenic purposes. Parking Area: An area of land used or intended for off-street parking facilities for motor vehicles. Principal Use: The chief or main recognized use of a structure or of land. Property Line: The legally recorded boundary of a lot, tract, or other parcel of land. Setback: The distance between the front of a building and the street right-of-way line. Sign: A structure or device designed or intended to convey information to the public in written or pictorial form. Portable, flashing, and animated signs of all types are expressly prohibited, as are billboards and all other off-premise advertising signs. In addition, banners of all types are expressly prohibited except as otherwise provided herein. Sign, Bulletin: A sign erected by a church, school institution, or public agency on its premises for announcements, including temporary banners. Sign, Commercial: A sign which directs attention to a service, product, profession, business or entertainment conducted, sold, or offered on the same lot. Sign, Nameplate: A sign bearing the name and /or address, occupation, phone number Goshen Zoning Regulations 6 December 18, 2017

7 of persons or uses occupying the premises. Gated community/subdivision signs shall be expressly permitted. Sign, Official: Signs on public property for informing the public. Signs, Temporary Real Estate: or sale. Temporary signs advertising the premises for lease, rent Story: The horizontal segment of a building between the floor surface and the ceiling next above it, and wholly above grade. Structure: Something built or constructed of interrelated parts such as a building, fence, sign, tower, or dam. Use: Any functional, social, or technological activity, which is imposed or applied to land or to structures on the land. Yard: An open area between the building lines and the lot lines of the lot on which it is located. Section 2. Official Zoning Map a. The City is hereby divided into districts, or zones, as hereinafter described, and as shown on the Official Zoning Map. This map, together with all explanatory data thereon, is hereby adopted by reference, and declared to be a part of this Ordinance. b. The Official Zoning Map shall be certified as such by signature of the Mayor, attested by the City Recorder-Treasurer. c. If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other data portrayed on the Official Zoning Map, such changes shall be made on said Map within thirty (30) days after the amendment has been approved by the City Council which has the sole authority to make zoning decisions or changes to the zoning ordinance. d. No changes of any nature shall be made in the Official Zoning Map or information shown thereon, except in conformity with the procedures set forth in this Ordinance and such unauthorized change is null and void. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance, and punishable pursuant to provisions contained herein, and such unauthorized change is null and void. e. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Recorder-Treasurer shall be the final authority as to the current zoning status of property in the City. f. Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the Zoning Official shall employ the following rules in interpretations thereof. Decisions of the Zoning Official are subject to appeal to the Board of Zoning Adjustment (consisting of Planning Commission members) as herein provided. Goshen Zoning Regulations 7 December 18, 2017

8 1. Boundaries indicated as approximately following the center lines of streets or alleys shall be construed to follow such center lines. 2. Boundaries indicated as approximately following city limits shall be construed as following city limits. 3. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 4. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line. 5. Boundaries indicated as parallel to or extensions of features indicated above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. 6. Whenever any street alley, or other public way is vacated or abandoned by action of the City Council pursuant to law, the zoning district boundaries on each side of such street, alley, or public way shall be automatically moved to the center line of same and all area included therein shall then and henceforth be subject to all appropriate regulations of the extended districts. Section 3. Administration and Enforcement a. The Zoning Official shall be designated by the Mayor and approved by the City Council, and shall be responsible for the administration and enforcement of this Ordinance subject to exceptions contained herein. He may enter any structure, premises, or land to perform any duty imposed by this Ordinance. b. If the Zoning Official shall find that any of the provisions of this Ordinance are being violated, he shall notify the person, as well as the property owner of record, both of whom shall be responsible for such violation, in writing. Said notice shall indicate the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or changes thereto; discontinuance of any illegal work being done; or he shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions. The zoning official shall notify the mayor and City Council within five (5) business days of all violations and what actions he has taken pursuant to this subsection. c. No building permit shall be issued for the erection, alteration, or moving of a building or structure until after the either the Zoning Official or the Mayor has reviewed the permit request and issued a Certificate of Zoning Compliance. All building permits shall be issued at City Hall, and may be signed by the Zoning Official, the Mayor or the Mayor's designee. d. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings, if any, on the lot; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Official or the City Council, including existing or proposed buildings or proposed uses of the building and land; the number of families, house-keeping units, or rental units the building is designed to accommodate; conditions existing on the lot and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance. One copy of the plans shall be returned Goshen Zoning Regulations 8 December 18, 2017

9 to the applicant after the Zoning Official shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Official. e. It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or property, or all, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued thereof by the Zoning Official stating that the proposed use of the building or land conforms to the requirements of this Ordinance. The Zoning Official shall maintain a record of all Certificates of Zoning Compliance, and copies shall be furnished upon request to any person. Failure to obtain a Certificate of Zoning Compliance shall be a violation of this Ordinance and punishable pursuant to provisions contained herein. A temporary certificate of zoning compliance, up to 180 days in duration, may be issued with a temporary waiver as to any provision in this ordinance regarding paving, lighting, signage or parking upon the posting of a satisfactory performance bond in an amount equal to the estimated cost of the requirement which has been temporarily waived. f. The Zoning Official shall be responsible for addressing all questions regarding enforcement of this Ordinance. Decisions of the Zoning Official shall be appealable only to the Board of Zoning Adjustment. Decisions of said Board shall be subject to appeal only to a court of record having jurisdiction. Questions as to the intent and interpretation of this ordinance are the sole responsibility of the city council. Should the Zoning Official have a question regarding intent and interpretation, he shall submit that question to the City Council for consideration at its next regularly scheduled meeting. g. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Official, who shall record properly such complaint, immediately investigate and take action thereon, as provided by this Ordinance. h. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. Whenever these requirements are at variance with the requirements of any other lawfully adopted rules or regulations, the most restrictive, or that imposing the higher standards, shall govern. The City shall not be responsible for enforcing deed restrictions or covenants. i. The owner or tenant of any building, structure, property, or part thereof, and any architect, engineer, contractor, agent, or other person who willfully commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense, and suffer the penalties herein provided. j. Any person who violates this ordinance shall be subject to a fine or penalty up to $250 for each violation. For purposes of this ordinance, each day of activity prescribed as unlawful under this ordinance shall be considered a separate violation for which the party violating the ordinance shall be subject. Any violation may be referred by the City Council to the City Marshal or the City Attorney for action. The City Attorney shall apply to the appropriate court for relief, seeking either penalties or injunctive relief as permitted by law. Goshen Zoning Regulations 9 December 18, 2017

10 Section 4. Section 5. Board of Zoning Adjustment a. A Board of Zoning Adjustment is hereby established, which shall be comprised of the members of the Planning Commission. The officers of the Planning Commission shall serve in the same officer roles on the Board of Adjustment. b. The Board of Zoning Adjustment shall establish regular meeting dates, adopt rules and procedures for the conduct of its business, and keep a public record of all findings and decisions. c. Each session of the Board shall be a public meeting with public notice of said meeting and business to be carried on published in a newspaper of general circulation in the city at least one (1) time, seven (7) days prior to the meeting. d. The Board of Zoning Adjustment shall have the following functions: 1. Hear appeals from decisions of the Zoning Official in respect to the enforcement and application of this Ordinance; and may affirm or reverse, in whole or in part, said decision of the Zoning Official. 2. Hear requests for variances from the literal provisions of this Ordinance in instances where strict enforcement would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this Ordinance. The Board of Zoning Adjustment shall not permit, as a variance, any use in a zone that is not permitted under this Ordinance. The Board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property. e. A variance is authorized only for area and size of structure, or size of yard and open spaces. Establishment or expansion of a use otherwise prohibited, or not specifically permitted, shall not be allowed by a variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining district. Any action by the Zoning Official or Board of Zoning Adjustment to establish or expand a use prohibited, not permitted, nor listed as a conditional use within a district is null and void. No height variances shall be granted under any circumstances as to any building since building heights above thirty-five feet (35') are detrimental to the health, safety and welfare of homeowners, citizens, and firefighters with the current available fire fighting equipment of the Goshen Fire District Association. f. The Board of Zoning Adjustment shall issue approval of a variance only after finding that: 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands, structures, or buildings in the same district; 2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. 3. The special conditions and circumstances do not result from the actions or proposed actions of the applicant; and 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. 5. The Board s findings shall be specifically set forth in the record for review by a court should an appeal be taken. g. Any resident or taxpayer of the City of Goshen aggrieved by any decision of the Board of Zoning Adjustment may appeal said decision only to a court of record having jurisdiction. General Provisions a. No land shall be used or occupied, no structure shall be erected, moved, Goshen Zoning Regulations 10 December 18, 2017

11 Section 6. converted, altered, enlarged, used or occupied, and no use shall be operated, unless it is in conformity with the regulations herein prescribed for the district in which such structure or land is located. This provision shall not be construed to affect any uses or land or structure that existed at the effective date of this Ordinance. Existing non-conforming lots may be utilized in accordance herewith. b. No open space required by these regulations for a particular structure or use shall be claimed at the same time as open space for another structure or use. c. No parking or loading space shall be reduced in area or dimension below that required by these regulations, except pursuant to decisions of the Board of Zoning Adjustment. Lot sizes or open spaces may be reduced only in conformance with the conservation subdivision ordinance. d. Any use of structure or land lawfully existing or one for which a permit has been lawfully issued at the effective date of these regulations may be continued subject to provision herein. e. All structures constructed or occupied in conformance with this Ordinance shall also conform to all other codes and regulations of the City. Responsibility for compliance with American s With Disability Act (ADA) provisions rests, in all respects, with the applicant. f. No structure or plant shall be placed in any yard so that it interferes with the visibility at intersections. g. Dedication to the public use of land shall not be a condition for any zoning or conditional use approval. h. Land annexed into the City of Goshen shall, upon the annexation s effective date, exist with a zoning classification of RR until the property is evaluated and, if appropriate, a more suitable zoning classification is assigned. i. Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed herein. j. Each permitted use or lot shall have access to a public street or road, provided that such may be connected to a public street by an easement for access purposes, such being of record, at least twenty five feet (25') in width. k. The provisions of these regulations are severable. If any section, paragraph, sentence, or clause shall be declared invalid, the remainder of the regulations shall not be affected. l. It is expressly understood that all districts provide for the compatible existence of agricultural activities and uses. Nonconforming Structures and Uses a. Continuance of Use 1. Any lawfully established use of a structure or land, on the effective date of this Ordinance, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein. 2. Any legal nonconforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein. 3. Any structure for which a building permit has been lawfully granted prior to the effective date of this Ordinance, or of amendments hereto, may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building. b. Discontinuance of Use 1. Whenever any part of a structure or land occupied by a Goshen Zoning Regulations 11 December 18, 2017

12 Section 7. nonconforming use is changed to, or replaced by, a use conforming to the provisions of this Ordinance, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use. 2. Whenever a nonconforming use has been discontinued or abandoned for a period of one (1) year or more, such use shall not be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district. 3. A use not authorized by the City of Goshen, in effect at the time this Ordinance becomes effective, shall be discontinued and not reestablished, except when such use shall be in conformance with the provisions of this Ordinance. c. Change of Use The nonconforming use of any structure or portion thereof, may be occupied by another similar, or less intense nonconforming use as may be determined by the City Council only. No building in which a nonconforming use has been changed to a less intense use shall again be devoted to a more intense use. d. Removal of Nonconforming Structures and Uses All nonconforming signs, billboards, portable signs, and outdoor advertising structures shall be removed from residential and other districts, where they are either not permitted or are nonconforming, by December 31, e. Repairs and Alterations 1. Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted. 2. Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconforming use. 3. No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use. 4. A structure which is nonconforming with respect to yards, height or any other element of bulk regulated by this Ordinance, shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located. f. Damage and Destruction 1. If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means, the structure may then be restored to its original condition and the structure and use thereof may then continue as before the destruction. 2. In either event, restoration or repair of the structure or other structure must be started within a period of six (6) months from the date of damage or destruction, and diligently pursued to completion. Failure to exercise the options herein provided within the time specified shall be considered a voluntary abandonment and structure(s) may be rebuilt and used thereafter only for a conforming use and in compliance with provisions of the district in which it is located. Existing non-conforming lots may be utilized. District Regulations a. Establishment of Districts In order to carry out the purposes of this Ordinance, the City of Goshen is hereby divided into the zoning districts listed below: NR R1 RR Natural Resources Residential Rural Residential Goshen Zoning Regulations 12 December 18, 2017

13 B1 B2 b. A description of each district follows. 1. NR - Natural Resources a. Description and Intent Neighborhood Commercial General Commercial This district is intended for application to those areas of the city where it is deemed necessary and desirable to protect farm and ranch lands, and to provide open spaces to protect natural areas, floodplains, and water courses. b. Permitted Uses Farms and Ranches (except confined feeding operations) Lakes & Drainage Basins Natural Areas Single-Family Residences Accessory Buildings & Uses c. Conditional Uses Boarding Stables Churches Clubs & Lodges Plant Nursery Parks & Recreational Areas Public & Semi-Public Uses *Similar uses deemed by the City Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district. d. Lot Dimensions Minimum Area 2 acres Minimum Width at Building Line 120 feet Minimum Front Setback 30 feet Minimum Side Setback 20 feet (street side 30 ) Minimum Rear Setback 30 feet e. Parking Requirements Two (2) off-street parking spaces shall be required for each single-family residence. Parking requirements for other uses shall be provided pursuant to subsequent provision hereof. f. Height, Width, & Area Regulations 1. No building shall exceed thirty-five feet (35 ) in height. 2. Each principal structure shall have a minimum total dimension on each side of twenty-four feet (24 ), and the entire twenty-four feet (24 ) shall be finished on a permanent foundation. 3. Only one dwelling unit per lot will be permitted. 4. Any light used to illuminate NR areas shall be so designed and arranged to reflect the light downward. All existing lights not in conformity shall be made to conform on or before July 1, g. Permitted Signs (on premise only) 2. R1 Residential 1. Nameplates and address signs not over one square foot in area. 2. Bulletins for churches and public buildings not over twelve (12) square feet in area. 3. Official signs not over twelve (12) square feet in area. 4. Temporary real estate signs not over twelve (12) square feet in area. 5. All subdivision signs (subject to City Council approval). a. Description and Intent This district is intended for application in new single-family residential areas, and previously platted areas generally conforming to requirements of this district, and conditional uses not inconsistent with the residential character Goshen Zoning Regulations 13 December 18, 2017

14 of the area. b. Permitted Uses Single-Family Residences Accessory Buildings & Uses Home Occupations Day Care Family Homes Stables (not to exceed two (2) horses/acre) c. Conditional Use Cemeteries & Churches Clubs & Lodges Farms, Ranches & Boarding Stables (except confined feeding operations) Parks & Recreational Areas Public & Semi-Public Uses *Similar uses deemed by the City Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district. d. Lot Dimensions Minimum Area 2 acres Minimum Width at Building Line 120 feet Minimum Front Setback 30 feet Minimum Side Setback 20 feet (street side 30 ) Minimum Rear Setback 30 feet e. Parking Requirements Two (2) off-street parking spaces shall be required for each single-family residence. Parking requirements for other uses shall be provided pursuant to subsequent provisions hereof. f. Height, Building, & Area Regulations 1. No building shall exceed thirty-five feet (35 ) in height. 2. Each principal structure shall have a minimum total dimension on each side of twenty-four feet (24 ), and the entire twenty-four feet (24 ) shall be finished on a permanent foundation. 3. Only one dwelling unit per lot will be permitted. 4. Any light used to illuminate R1 areas shall be so designed and arranged to reflect the light downward. All existing lights not in conformity shall be made to conform on or before July 1, g. Permitted Signs (on premise only) 3. RR Residential 1. Nameplates and address signs not over one square foot in area. 2. Bulletins for churches and public buildings not over twelve (12) square feet in area. 3. Official signs not over twelve (12) square feet in area. 4. Temporary real estate signs not over twelve (12) square feet in area. 5. All subdivision signs (subject to City Council approval). a. Description and Intent This district is intended to provide for and protect the rural residential environment. It is established for areas particularly suited for rural residential uses on larger lots in conjunction with the raising of crops and animals and other related activities. Lot sizes are generally larger than those required in R1 areas, and in new residential subdivisions, and population density is generally lower. b. Permitted Uses Farms, Ranches, & Stables (except confined feeding operations) Single-Family Residences Day Care Family Homes Manufactured Dwelling, (Residential Accessory Buildings & Uses Design) Goshen Zoning Regulations 14 December 18, 2017

15 c. Conditional Uses Cemeteries & Churches Day Care Centers Parks & Recreational Areas Plant Nursery Public & Semi-Public Uses *Similar uses deemed by the City Council to be consistent with the basic intent of this district, and which are equal to or less intense than permitted uses in this district. d. Lot Dimensions Minimum Area Minimum Width at Building Line Minimum Front Setback Minimum Side Setback Minimum Rear Setback e. Parking Requirements 2 acres 120 feet 30 feet 20 feet 30 feet Two (2) off-street parking spaces shall be required for each residential dwelling unit. For other uses see Section 10. f. Height, Building, & Area Regulations 1. Residences may be built or manufactured dwellings (residential design) placed on lots platted previous to the adoption of this Ordinance, provided all setbacks can be met, and provided adequate on-site sanitary facilities (approved by the State Health Department) are approved. 2. No building shall exceed thirty-five feet (35 ) in height. 3. Only one dwelling per lot will be permitted. 4. Each structure shall have a minimum total dimension on each side of twenty-four feet (24 ), and the entire twenty-four feet (24 ) shall be finished on a permanent foundation. 5. Any light used to illuminate RR areas shall be so designed and arranged to reflect the light downward. All existing lights not in conformity shall be made to conform on or before July 1, g. Permitted Signs (on premise only) 1. Nameplate and address signs not over one square foot in area. 2. Bulletins for churches and public buildings not over twelve (12) square feet in area. 3. Official signs not over twelve (12) square feet in area. 4. Temporary real estate signs not over twelve (12) square feet in area. 5. All subdivision signs (subject to City Council approval). 4. B1 - Neighborhood Commercial a. Description and Intent This district is intended for use in areas of transition between residential uses and general commercial areas, and in areas that are designed to accommodate convenient neighborhood commercial establishments that can be operated in harmony with adjacent residential uses. b. Permitted Uses Antique Shops Business Offices Clinics Professional Offices c. Conditional Uses Convalescent Homes Convenience Stores Nurseries Parks & Recreational Uses Barber & Beauty Shops Churches Accessory Buildings & Uses Day Care Centers Government Offices Personal Services Photography Studios Public & Semi-Public Uses Goshen Zoning Regulations 15 December 18, 2017

16 Single-Family Residences Schools *Similar uses deemed by the City Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district. d. Height, Building, & Area Regulations 1. No building shall exceed thirty-five feet (35 ) in height. 2. Building setbacks shall be a minimum of twenty-five feet (25 ) for all main buildings in the front yard and rear year. 3. Minimum side yard setbacks shall be ten feet (10 ), provided side yards on a street shall have a minimum of twenty feet (20 ). 4. Building coverage shall not exceed forty percent (40%) of the lot area. 5. Screening, with landscaping or an opaque fence of at least six feet (6 ) in height, shall be erected and maintained when a B1 use abuts a residential district or use. 6. Any light used to illuminate B1 uses and associated parking areas, shall be so designed and arranged to reflect the light downward, and away from adjacent residential properties. e. Permitted Signs (on premise only) 1. Nameplates not over four (4) square feet in area. 2. Bulletins not over twelve (12) square feet in area. 3. Official signs not over twelve (12) square feet in area. 4. Commercial signs not over fifty (50) square feet in area. 5. Temporary real estate signs not over thirty-two (32) square feet in area. 6. The maximum height of any freestanding sign shall not extend 15 feet above the ground to its highest point. 5. B2 General Commercial a. Description and Intent This district is intended to be applied to the central business and other general commercial areas that provide for heavy retail trade, service, and business needs of the city. This district is generally located in the central business district, and along the immediately adjacent major streets. It may be assigned at commercial nodes in the future, but is not intended to be used in a strip manner. b. Permitted Uses Antique Shops Auto Parts Store (new) Banks Building & Farm Supply Stores Cabinet Shops Clinics Drug Stores Florist Shops Gift & Toy Stores Grocery Stores Jewelry Stores Motels Office Supply Stores Photography Studios Restaurants c. Conditional Uses Appliance Stores Bakery Shops Barber & Beauty Shops Business Offices Car Washes Convenience Stores Dry Cleaners Furniture Stores Government Offices Hardware Stores Laundromats Nurseries Personal Services Professional Offices Service Stations Single-Family Residences; and similar uses deemed by the City Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district. d. Parking Requirements Goshen Zoning Regulations 16 December 18, 2017

17 Section 8. Off-street parking shall be provided for each use pursuant to provisions herein. e. Height, Building, & Area Regulations 1. No building shall exceed thirty-five feet (35 ) in height. 2. Building setbacks shall be a minimum of twenty-five feet (25 ) in the front; fifteen feet (15 ) in the rear; and ten feet (10 ) on the sides, provided street side setbacks shall be a minimum of twenty feet (20 ). 3. Screening, with landscaping or an opaque fence of at least six feet (6 ) in height, shall be erected and maintained when a B2 use abuts a residential district or use. 4. Any light used to illuminate B2 uses and associated parking areas, shall be so designed and arranged to reflect the light downward, and away from adjacent residential properties. f. Permitted Signs (on premise only) 1. Nameplates not over four (4) square feet in area. 2. Bulletins not over twelve (12) square feet in area. 3. Official signs not over twelve (12) square feet in area. 4. Commercial signs not over fifty (50) square feet in area. 5. Temporary Real estate signs not over thirty-two (32) square feet in area. 6. The maximum height of any freestanding sign shall not extend 15 feet above the ground to its highest point. 7. Any permanent sign existing in the General Commercial District as of the adoption of this regulation that is not in compliance with these regulations shall be considered non-conforming, but shall be permitted to remain until its owner shall either abandon it for a period of one year or shall undertake to make major revisions to it. This provision is intended to be an exception to the general provision found in Section 6.d. g. Commercial Design Standards Any metal or concrete block (except architectural block) building constructed in a commercial zone within one quarter mile of the center line of Highway 45, shall be required to have a front facade, as viewed from the road, as well as the first 20 % of the side walls, of either brick, stone, or wood. All parking lots and driveways for any building constructed in a commercial zone shall be either asphalt or concrete and shall have curbs. Owners of existing structures shall not be required to meet these standards, even if the use of such structure is changed, so long as any modification of the structure does not increase its square footage by more than thirty percent or the cost of the modifications to the structure are demonstrated by the owner, to the satisfaction of the Building Official, not to exceed fifty percent of the value of the existing structure. For each 2000 square feet of gross floor area or portion thereof, the owner shall plant a tree, native to the area, at least 3 inches in diameter. Conditional Uses a. Nature and Description Certain uses may or may not be appropriately located within various districts due to their unusual or unique characteristics of operation and external effects. Given their unique character, analysis and judgment of the consequences of each development and use must be given so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. Such uses are listed under the various districts herein as conditional uses, and may be located in the district or districts so designated only in accordance with the procedure described herein. b. Development Standards and Review Guidelines All development shall be designed in such a way as to minimize any potential negative impact on the surrounding area. Special attention shall be given to Goshen Zoning Regulations 17 December 18, 2017

18 buffering commercial developments from adjacent single-family areas. Design of the internal traffic circulation system, ingress and egress, off-street parking, loading, and pedestrianways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to protect water quality, and reduce erosion, heat and glare. Such areas shall be maintained in an attractive condition. Screening, open space, or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property. In carrying out the purpose of this section, the following development standards and design specifics shall be subject to review and approval. The appropriateness of these standards shall be determined for each specific conditional use location. 1. The proposed use is within the provision of conditional uses as set out in this Ordinance. 2. The proposed use conforms to all applicable provisions herein set out for the district in which it is to be located. 3. The proposed use is so designated, located and proposed to be operated that the public health, safety and welfare will be protected. 4. The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located. 5. The size and shape of the site, including the size, shape and arrangement of proposed structures, as well as signage related thereto, is in keeping with the intent of this Ordinance. 6. The proposed ingress and egress, internal circulation system, location and amount of off-street parking, loading and pedestrianways are sufficiently adequate, and not inconsistent with requirements of this Ordinance. 7. The proposed landscaping and screening of the proposed use are in accordance with provisions of this Ordinance. 8. Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed. 9. In no event shall any automobile sales lot (new or used) or ministorage be considered as a conditional use for location in any district within the City of Goshen. c. Procedure for Authorizing The following procedure is established to integrate properly the conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure: 1. An application shall be filed with the Zoning Official, upon forms prescribed for that purpose, accompanied with the appropriate fee established by the City Council to defray processing costs. The application shall be accompanied by graphic representation showing the location and proposed use of the site, along with such other descriptive material necessary for decision-making. Such may include, but is not limited to: preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site, including adjacent streets; proposed off-street parking and landscaping; lighting and signage; a preliminary plan for provision of sanitation and drainage facilities; and proximity of adjacent uses and buildings. Each application shall be verified by at least one of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application. The filing deadline for inclusion on the Planning Commission agenda shall be 10 th day of the month preceding the Planning Commission meeting. Should the 10 th fall on a weekend or holiday, the next following workday shall be the filing deadline. 2. Upon determining that an application is proper and complete, the Goshen Zoning Regulations 18 December 18, 2017